131: Resolution on the Situation of Migrants in South Africa

The African Commission on Human and People’s Rights 43 rd Ordinary
Session held in Ezulwini, Kingdom of Swaziland, on 7-22 May 2008:

Aware of its mandate under the African Charter on
Human and Peoples’ Rights to promote and protect human and peoples’ rights in
Africa,

Recalling its Resolutions ACHPR/Res.95 (XXXIX)06
and ACHPR/Res.116 (XLII)07, which extended the mandate of the Special
Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons in Africa
to be responsible for migration issues,

Recognizing that the human rights of migrants are covered
under general regional and international human rights instruments, unless they
qualify for protection under national, regional and international refugee laws
and instruments.

Being further concerned that the vast number of migrants in
Africa originate from African states which are experiencing political
instability and armed conflicts, which have in turn, undermined peace and
economic conditions in those states.

Alarmed, by the attacks and violence against migrants
from African countries in a number of townships in South Africa, which negate
the principles of African Solidarity, The African Renaissance and African
Charter on Human and Peoples’ Rights.

Condemns the attacks and violence perpetrated
against migrants in various townships in South Africa.

Calls on the South African government to investigate and prosecute those
responsible for the attacks, and to institute further measures to ensure
the protection of foreign migrants in South Africa, and their property.

Urges the South African government to which the African Commission had
sought authorization for the Special Rapporteur to conduct a fact finding
mission on the situation of migrants in that country, to grant the said
authorization.